Judgment Search Results Home > Cases Phrase: the payment of salaries and allowances amendment act 1989 1 Court: allahabad Page 16 of about 154 results (0.187 seconds)

M.P. Udyog Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1989)28ITD85(All.)

..... so far as the present position goes, the assessee has been allowed deductions for the payment of sales tax in the earlier years and, therefore, the department is entitled to tax the above amount under section 41(1) of the act for which there is also no dispute before us. ..... the assessee also, therefore, took a ground to the effect that in case the tribunal reversed the order of the commissioner of income-tax (appeals) and did not allow the claim of the assessee for deduction of the payments in the earlier years, its claim in the year under appeal would be that the said amount was not liable to tax. ..... in this case the state legislature had passed the orissa sales tax (amendment) act retrospectively amending the act by inserting a new section 14a, which provided that a refund of the amount or any part thereof could be claimed only by the person from whom the dealer had actually realised such amount whether by way of sales tax or otherwise. ..... we direct him to examine the work done by the development officer, development inspectors, supervisor and other staff and then find out what proportion of the expenses incurred on their salaries, bonus, etc. ..... 1,84,019 relating to salary, wages and bonus paid to the assessee's cane development staff. .....

Assistant Commissioner of Income Vs. Bal Bharti Nursery School

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2002)82ITD71(All.)

..... the scheme of exemption allowed to a charitable institution under section 11 of the act and to an educational institution under section 10(22) of the act, the only difference, in our opinion, is that the charity is done without any consideration whereas education is to be imparted though of course as charity but, subject, however to the exception that the institution may or may not charge fee from the students but, this freedom/exception in such cases is only to the extent of charging of the fees commensurate to the quality of the education and the ..... in the memorandum or the rules as to what will happen to the assets belonging to the assessee, if any, upon the dissolution of the assessee (alleged society) or upon closure of its activities, but the assessee having not filed the amended copy of memorandum and bye-laws executed in the year 1988 and 1989 in spite of directions of the bench given at the time ..... the issue of salary drawn by the secretary has been considered from the angle of justification of quantum with reference to the nature of services rendered and not from the angle that such person cannot derive any benefit irrespective of rendering of any kind of service.similarly the issue relating to the immovable properties, which were in the name of secretary as individual and not in the fiduciary capacity had been considered only in the light of assessee's claim that the investment in such properties was appearing in the assessee's balance sheet and the section 14 of the .....

Gorakhpur Petro Oils Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2005)95TTJ(All.)489

..... the ito contained only computation of the income; computation of the tax on income was made on a separate sheet of paper which was not signed by the ito the hon'ble karnataka high court held that as the assessment order was made after the insertion of section 292b by taxation laws (amendment) act, 1975, impugned assessment order was in substance in conformity with and according to the provision of the it act ..... the result, the appellant's appeal, so far as legal grounds are concerned, is allowed subject, however, to that in case our order on for want of the legality of the notice under section 158bc and valid service of notice under section 158bc on the appellant is reversed by the hon'ble high court or the hon'ble supreme court, as the case may be, then the amounts found credited in the appellant's books of account under the head 'share capital', 'share application money' and 'unsecured loans'/cash credits during the periods relevant to the ..... the persons who had subscribed to the shares were receiving small amount of salary, they have large families, they have very low withdrawals.income-tax returns were filed in which sources of income have been declared as business and interest but no details of the ..... the share application money might have been forwarded through the bank but unless the corporate shareholder proves that they have sufficient funds to contribute to subscribe to the shares of the assessee-company, it cannot be stated that the transaction is genuine because payment .....

C.D. Singh Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... later on the ito issued notices under section 147(a) of the act seeking to disallow the payments made to d on the ground that the same were bogus and false as d had given substantial amounts from his receipts as loan to the managing director and gifts to his near relatives and drew small amount from himself. ..... salary, commission and bonus paid to d were allowed in the original assessment of the assessee's company. ..... consequently, we are, therefore, of the opinion that the reasons for formation of belief contemplated by amended provisions of section 147 of the act, for initiation of proceedings under section 147, must have a rational connection or relevant bearing on the formation of the belief. ..... the aforesaid conditions are applicable after 1st april, 1989, but the fact remains that so far as, satisfaction of the condition "to have reason to believe" and that before issuing a notice under section 148 the reasons will be recorded remains the same as were under the unamended provisions and, therefore, for an assessment or reassessment under section 147 to be valid the following mandatory conditions have to be satisfied. .....